Insurance Law

Recent Posts

Emily Post Would Not Approve: He Really Said That? And Then That?
Posted on 11 Jun 2015 by Randy J. Maniloff

There is no other way to put it. Amica Mutual Ins. Co. v. Vernon, 14-235 (D. Idaho Apr. 17 2015), [ enhanced version available to lexis.com subscribers ], is a coverage case that grows out of a sad situation. The unfortunate story is told by the court... Read More

When Is an Exclusion “Conspicuous, Plain and Clear”: There Is No Duty to Defend if There Is No Potential for Coverage
Posted on 20 Apr 2015 by Barry Zalma

Insurance policies must be interpreted with care. Since they are contracts of adhesion they are usually interpreted with a bias towards providing coverage for the insured. When an insured provides the information necessary to convince a court that there... Read More

A Zealous Defense Can Affect Insurance Coverage
Posted on 26 Feb 2015 by Dennis Cusack

By Dennis Cusack A law firm asked us for advice a few months into a fast-moving intellectual property lawsuit. The complaint alleged trademark and copyright infringement claims against the company and two of its officers. They noted that while the... Read More

Is That Covered? Reservation of Rights
Posted on 12 Aug 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley If a policyholder is sued, she can tender the defense of that suit to her insurance company. If the insurance company believes that there may not be coverage, but cannot make a clear determination based upon the complaint filed... Read More

There’s Been No “Tender” – Does Insurer Still Need To Respond?
Posted on 28 Jul 2015 by Randy J. Maniloff

We’ve all seen this issue. You are handling a claim for a certain insured, and in the course of doing so, you obtain information that another involved person or entity is also an insured and may have rights under the policy. But here’s the... Read More

Is that Covered? Reservation of Rights Letter
Posted on 22 Jan 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley If your client is sued, one immediate task is to determine if there is insurance coverage for the claim(s). If you submit the claim to an insurance company, Pennsylvania law requires that it acknowledge receipt of the claim... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – Scaling Back Implied Trade Disparagement And Slashing Coverage For Markdowns
Posted on 15 Dec 2014 by Randy J. Maniloff

By Joshua A. Mooney [Editor’s Note: My colleague Josh Mooney is an expert on all things cyber, privacy and personal-advertising injury coverage. If you read his newsletter, The Coverage Inkwell, you know that. If you don’t, check out... Read More

Court Holds that the Insured’s Per-Claim Self-Insured Retention Applies on a Per-Home Basis Based on Language in Policy’s SIR Endorsement
Posted on 28 Jan 2015 by Troutman Sanders

Evanston Ins. Co. v. N. Am. Capacity Ins. Co. , 2014 U.S. Dist. LEXIS 92682 (E.D. Cal. July 8, 2014, [ enhanced version available to lexis.com subscribers ]) In Evanston , the Eastern District of California held that the insurer’s duty to defend... Read More

New York Court Holds Fraudulent Act Exclusion Applicable in LPL Policy
Posted on 10 Aug 2015 by Brian Margolies

In its recent decision in Lewis & Stanzione v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 78259 (N.D.N.Y. June 17, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States... Read More

Carrier Held to Have No Duty to Defend or Indemnify Insured Massage Therapist Against Claim of Sexual Assault Because the Assault Was Not Allegedly Performed Within the Therapist’s Scope of Employment
Posted on 11 Jun 2015 by Troutman Sanders

Baek v. Continental Cas. Co. , 230 Cal. App. 4th 356 (2014), [ enhanced version available to lexis.com subscribers ]. In Baek, the general liability carrier for a massage business was held to have no duty to defend or indemnify a massage therapist... Read More

The Ninth Circuit Finds Carrier Had Duty to Defend Based on Potential that Erosion to Land Could Have Occurred During its Policy Period
Posted on 9 Feb 2015 by Troutman Sanders

St. Paul Fire & Marine Ins. Co. v. Vadnais Corp. , 2014 U.S. App. LEXIS 13084 (9th Cir. July 10, 2014), [ enhanced version available to lexis.com subscribers ] In St. Paul , the Ninth Circuit reversed the ruling by the Eastern District of California... Read More

New York Court Says N-O To Reimbursement Of Defense Costs: Most Extensive N.Y. Case To Address The Issue
Posted on 5 Mar 2015 by Randy J. Maniloff

I’ve been saying for years that reimbursement of defense costs can be an overrated issue. It is the CATS of coverage issues. First, many states – especially lately -- have rejected an insurer’s right to seek reimbursement of defense... Read More

Agent Owes No Duty to Public At Large – Negligent Procurement Suit Requires Duty to Plaintiff
Posted on 6 Nov 2014 by Barry Zalma

Insurance agents owe a duty to their customers to obtain the insurance the customer asks that be obtained. When an insurance agent obtains the insurance limits requested by the insured may a third party, injured by the insured, sue the agent because there... Read More

Insurer Appointed Lawyer’s Duty is to Client It Was Retained to Defend – Conflict of Interest Required To Remove Counsel
Posted on 25 Jun 2015 by Barry Zalma

Insurance companies have the right and obligation to choose counsel to defend its insureds. Counsel retained by an insurer to defend an insured, contrary to the belief of many, is obligated solely to represent the rights, duties, obligation and defenses... Read More

Report From The Rutgers ALI Restatement Conference: The Role Of Minority Positions In The Process
Posted on 31 Mar 2015 by Randy J. Maniloff

I attended The Rutgers Law School–Camden Center for Risk and Responsibility’s ALI Restatement conference on February 27th. It had been my first time on the Rutgers-Camden Law School campus since I’d been deemed unworthy of being there... Read More